Elon Musk’s “Illegal Vote Buying” Petition – Election Law Expert

Leading legal experts are questioning the legality of Elon Musk's initiative to donate $1 million a day to registered voters in key swing states.

Tesla CEO's America PAC has been actively promoting the raffle as part of a broader initiative to support former President Donald Trump's campaign.

The pro-Trump petition aims to ensure freedom of speech and the right to bear arms. Only registered voters in Pennsylvania, Georgia, Nevada, Arizona, Michigan, Wisconsin and North Carolina can sign, enter the $1 million drawing and claim $100 before the offer expires on October 21 (the voter registration deadline).

At a recent event in Harrisburg, Pennsylvania, Musk presented the first $1 million check to a registered voter and emphasized his goal of “getting over a million, maybe two million voters in battleground states to support the petition.” of the First and Second Amendment.”

Several legal experts argue the offer is illegal or “close to” illegal, while others say it is merely “tasteless.”

If Musk is found to be violating federal election laws, the consequences could be severe. Under federal law, violators can face fines and a prison sentence of up to five years.

Newsweek contacted Elon Musk via email for comment.

Did Musk's voter gifts break any laws?

Richard Hasen, a professor at the UCLA School of Law, has called Musk's actions “clearly illegal.” Hasen didn't mince words when he addressed Musk's giveaway on his Election Law Blog.

Hasen, citing federal law, referred to 52 USC § 10307(c), which states: “Whoever knowingly or willfully…pays, or offers to pay, or accepts payment, either to register to vote or to vote, shall be liable to pay Fined not more than $10,000 or imprisoned for more than five years, or both.”

Hasen emphasized that Musk's offer only applies to registered voters in swing states who sign a petition supporting the First and Second Amendments. “This is not a particularly close case – this is exactly what the law was intended to criminalize,” Hasen wrote.

He also noted that the Justice Department's election crimes manual lists lottery opportunities as items of value that cannot be offered to encourage voting activities.

“See also the DOJ Election Crimes Manual on page 44,” Hasen said. “The bribe can be anything that has monetary value, including cash, alcohol, lottery chances and welfare benefits such as food stamps,” he quoted.

While Hasen's position is clear, other legal experts have offered nuanced views. Brendan Fischer, a campaign finance attorney, acknowledged that Musk's recent giveaways could border on illegal. Fischer said conditioning the $1 million prize on voter registration “arguably violates the law” because it could be viewed as an incentive to register to vote.

Derek Muller, an election law expert at Notre Dame Law School, told CNN Politics: “When you start limiting prizes or giveaways only to registered voters or only to people who voted, bribery fears arise.” Muller said that Offering cash prizes only to registered voters could be interpreted as donating money for voter registration, which is prohibited.

Michael Kang, a professor at Northwestern University's Pritzker School of Law, shared these concerns. “It's not quite the same as paying someone to vote, but it's so close that we're concerned about the legality of it,” he said, referring to the timing of the lottery so close to Election day.

David Becker, a former Justice Department official and founder of the Center for Election Innovation & Research, was more direct. “This is exactly what the law is designed to criminalize,” he said, emphasizing that limiting the award to registered voters in swing states strengthened the argument that Musk's intent was to influence the election outcome, adding, that this “could be legally problematic”.

Attorney and patent agent Olav Mitchell Underdal added to the chorus of legal scrutiny, penning criminal charges under 52 USC § 10307(c) and 18 USC § 597. “Elon Musk should be tried under the presumption of innocence.”

Some experts disagree that Musk is doing anything illegal

Not all experts agree that Musk's actions constitute a clear violation of the law. MSNBC legal analyst Jill Wine-Banks, former general counsel for the U.S. Army, offered a different perspective on urging them to register or vote, even though they may have been motivated to register to sign the petition to get paid?”

Wine-Banks' position underscores the complexity of the problem. She questions whether encouraging petition signatures — rather than directly paying for voter registration or voting — crosses the legal line. Their comments suggest that while Musk's tactics may be ethically questionable, they may not meet the legal threshold for criminal charges.

Brad Smith, a former chairman of the Federal Election Commission, also defended Musk's actions. “He doesn’t pay them to register to vote. He's paying them to sign a petition – and he wants only those registered to vote to sign the petition. So I think he does well here,” Smith said, indicating that the gift was within legal limits.

Pennsylvania Gov. Josh Shapiro, the state's former attorney general, expressed his concerns to NBC Meet the press. “I think there are real questions about how he spends his money in this race,” Shapiro said. “Not just to Pennsylvania, but apparently also into the pockets of Pennsylvania residents. This is deeply worrying.”